A man worked for a few decades for the U.S. government as a boiler technician. Defendant manufactured and sold valves containing asbestos, to which plaintiff was exposed. In 2009, he was diagnosed with mesothelioma. The trial court rejected defendant’s proffered instructions on a “ sophisticated user ” defense, and the jury awarded compensatory and punitive damages. […]
Affirming Grant Of New Trial In Medical Malpractice Case Based Upon Irregularity In The Proceedings.
The surgeon tore a glove while performing a hysterectomy and prescribed an antibiotic to avoid infection. Within days, she developed vomiting and diarrhea. At a clinic, she was given IV fluids, but the diarrhea was non-stop. She was hospitalized and went into shock and a diagnosis of pseudomembranous colitis, a severe inflammation of the colon, as a […]
Trustee Personally Liable For Torts Only If Personally At Fault.
Plaintiff rented a room in an attached garage. The property was owned by a trust. She fell when exiting the house on some steps at night, and claimed the steps were in a dangerous condition because of a lack of lighting. The trustee brought a motion for summary judgment on the ground of lack of personal […]
California Highway Patrol Not A Special Employer Of Freeway Tow Truck Driver.
A tow truck driver who contracted with a county, part of the California Highway Patrol Freeway Service Patrol [FSP program], collided with a car, injuring the driver and her infant son. The CHP moved for summary judgment in the subsequent lawsuit on the ground it was not the tow truck driver’s special employer and therefore not […]
For Injuries Caused By Diseased Tree On Public Property, No Liability Against County.
Plaintiff was in a county-owned paved parking lot along the Sacramento River when a cottonwood tree fell on him, resulting in injuries. He brought an action for dangerous condition of public property and the trial court granted summary judgment based upon Government Code section 831.2. The appellate court affirmed, stating, “we conclude that [plaintiff’s] injuries were […]
No Respondeat Superior.
An employee was employed by defendant as a directional driller. He had the option of using his personal vehicle or being assigned a company truck and chose the latter. According to defendant, at the time the truck was assigned, his supervisor told him he could use the company vehicle to get to work and back and […]
Watch Out For That….Ugh….Immunity.
A deputy sheriff pulled over a motorist for a traffic violation. As part of the traffic stop, the officer opened his driver side door to exit his police vehicle. As he opened his door, a motorcyclist, who had seen the patrol car’s overhead lights two or three blocks earlier, collided with the door of the patrol car. Under […]
An Insurance Policy’s “ Assault Or Battery ” Exclusion And The Meaning Of “ Physical Contact. ”
A nightclub dancer suffered severe injuries shortly after she completed her shift when a patron of the nightclub threw flammable liquid on her and then set her on fire. The man was convicted of aggravated mayhem and torture. In the underlying action, the woman sued her employer for inadequate security; it was resolved by a stipulated […]
Anti-SLAPP Motion Properly Denied With Regard To Allegations Not Protected By Statute When Each Cause Of Action Contains Allegations Protected By Statute With Conduct That Is Not.
Plaintiff filed a sexual harassment action against defendant, a co-worker. The co-worker defendant filed a cross-complaint alleging defamation and intentional infliction of emotional distress. Plaintiff filed a special motion to strike pursuant to Code of Civil Procedure section 425.16, which the trial court granted in part and denied in part. In affirming, the appellate court stated: […]
Tactical Conduct Leading Up To The Use Of Deadly Force Have County Likely To Face Jury In Suicidal Man’s Death.
A neighbor heard screaming from a house and called police. When deputies arrived at the house, a man’s girlfriend said the man tried to kill himself. Deputies entered the house and found the man standing in the kitchen. They ordered him to show his hands and as he did, he walked toward the deputies holding a […]
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